Gain-Based Damages: Contract, Tort, Equity and Intellectual Property

On July 27,2000 the House of Lords delivered a decision where, for the first time in English law, it explicitly recognised that damages for civil wrongs can be assessed by reference to a defendant (wrongdoer)'s gain rather than a claimant's loss. The circumstances in which such gain-based damages might be available were left for development incrementally.

This book considers the nature of gain-based damages and explains when they have historically been available and why, and provides a frame...